On December 21, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Yasemin Tekiner,
Yasemin Tekiner
In Her Individual Capacity, As A Beneficiary And A Trustee Of The Yasemin Tekiner 2011 Descendants Trust And Derivatively As A Holder Of Equitable Interests In A Shareholder Or A Member Of The Company Defendants,
and
254-258 W. 35Th St. Llc,
Berrin Tekiner,
Billur Akipek
In Her Capacity As A Trustee Of The Yasemin Tekiner 2011 Descendants Trust,
Bremen House Inc.,
Bremen House Texas, Inc.,
German News Company, Inc.,
German News Texas, Inc.,
Gonca Tekiner,
Zeynep Tekiner,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 04:02 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1206 RECEIVED NYSCEF: 01/31/2023
EXHIBIT 74
FILED: NEW YORK COUNTY CLERK 01/31/2023 04:02 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1206 RECEIVED NYSCEF: 01/31/2023
Meghan E. Hill
Direct Tel: 212-326-0808
Direct Fax: 212-326-0806
MHill@PRYORCASHMAN.com
September 27, 2022
VIA EMAIL
Scott W. Parker, Esq.
Parker Ibrahim & Berg LLP
5 Penn Plaza, Suite 2371
New York, New York 10001
Re: Tekiner v. Bremen House Inc. et al., Index No. 657193/2020
Dear Scott:
We write in response to (i) your letter dated September 13, 2022 purporting to identify a
number of party and non-party depositions to be scheduled, (ii) the deposition notices, served by
you last Saturday, September 17, 2022, for the depositions of defendant Berrin Tekiner (noticed
for September 29), defendant Gonca Tekiner Hartmann [sic] (October 6), and Shadan Golpinar
[sic] (October 14); and (iii) correspondence concerning certain other non-party depositions.
Berrin Tekiner is not available to be deposed on September 29, 2022.1 Let us know when
you are available today or tomorrow to discuss scheduling her deposition, as well as the depositions
of Yasemin Tekiner, Zeynep Tekiner2, Lisa Rubin, and Gonca Tekiner Chelsea. With respect to
3
Sadan Gurbuzturk , an employee of the Company Defendants, pursuant to CPLR 3106(d) Gonca
Tekiner Chelsea, President of Bremen House, Inc., will be produced in place of Ms. Gurbuzturk.
We further are in receipt of notices of subpoena and other correspondence indicating that
the depositions of Allen Beck, Philip Michaels, and Paul Schwartzman are each putatively
4
scheduled for October 17, 2022. It is likely that we will represent both Mr. Beck and Mr. Michaels
in connection with their subpoenas, neither of which, as far as we are aware, has yet been served.
1
While we will work cooperatively to identify a mutually agreeable date for Berrin Tekiner’s deposition, we note that
the deposition notice for Berrin Tekiner, served on September 17, 2022, is deficient – in violation of CPLR 3107, it
purports to notice her deposition for September 29, providing only 12 days’ notice, far short of the required 20 days’
notice.
2
Zeynep Tekiner’s counsel has represented that she is available to be deposed the week of October 10, 2022.
3
Ms. Gurbuzturk presumably was the intended recipient of the deposition notice issued in the name of “Shadan
Golpinar.”
4
Messrs. Beck and Michaels’ respective subpoenas call for the production of documents. In response to subpoenas
issued over a year ago to their respective firms, Messrs. Beck and Michaels’ documents were collected and produced
by Defendants (after an extensive meet and confer process between counsel). No additional documents will be
produced.
FILED: NEW YORK COUNTY CLERK 01/31/2023 04:02 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1206 RECEIVED NYSCEF: 01/31/2023
Scott W. Parker, Esq.
September 27, 2022
Page 2
In addition to providing your availability to meet and confer to schedule deposition dates,
please also confirm (a) that there are no other depositions Plaintiff intends to seek beyond those
identified herein, (b) which non-parties, in addition to Marcus & Millichap and Steve Levine, have
produced documents in response to any subpoenas issued (and immediately provide them to
Defendants), and (c) whether Plaintiff is anticipating the production of documents from any
additional subpoenaed parties.
This letter is sent in furtherance of Defendants’ efforts pursuant to 22 NYCRR 202.7(c) to
meet and confer in good faith, without waiver of or prejudice to any rights or remedies available
to Defendants, all of which are expressly reserved.
Very truly yours,
Meghan E. Hill
cc: Counsel of Record (via email)
Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 04:02 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1206 RECEIVED NYSCEF: 01/31/2023 EXHIBIT 74 FILED: NEW YORK COUNTY CLERK 01/31/2023 04:02 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1206 RECEIVED NYSCEF: 01/31/2023 Meghan E. Hill Direct Tel: 212-326-0808 Direct Fax: 212-326-0806 MHill@PRYORCASHMAN.com September 27, 2022 VIA EMAIL Scott W. Parker, Esq. Parker Ibrahim & Berg LLP 5 Penn Plaza, Suite 2371 New York, New York 10001 Re: Tekiner v. Bremen House Inc. et al., Index No. 657193/2020 Dear Scott: We write in response to (i) your letter dated September 13, 2022 purporting to identify a number of party and non-party depositions to be scheduled, (ii) the deposition notices, served by you last Saturday, September 17, 2022, for the depositions of defendant Berrin Tekiner (noticed for September 29), defendant Gonca Tekiner Hartmann [sic] (October 6), and Shadan Golpinar [sic] (October 14); and (iii) correspondence concerning certain other non-party depositions. Berrin Tekiner is not available to be deposed on September 29, 2022.1 Let us know when you are available today or tomorrow to discuss scheduling her deposition, as well as the depositions of Yasemin Tekiner, Zeynep Tekiner2, Lisa Rubin, and Gonca Tekiner Chelsea. With respect to 3 Sadan Gurbuzturk , an employee of the Company Defendants, pursuant to CPLR 3106(d) Gonca Tekiner Chelsea, President of Bremen House, Inc., will be produced in place of Ms. Gurbuzturk. We further are in receipt of notices of subpoena and other correspondence indicating that the depositions of Allen Beck, Philip Michaels, and Paul Schwartzman are each putatively 4 scheduled for October 17, 2022. It is likely that we will represent both Mr. Beck and Mr. Michaels in connection with their subpoenas, neither of which, as far as we are aware, has yet been served. 1 While we will work cooperatively to identify a mutually agreeable date for Berrin Tekiner’s deposition, we note that the deposition notice for Berrin Tekiner, served on September 17, 2022, is deficient – in violation of CPLR 3107, it purports to notice her deposition for September 29, providing only 12 days’ notice, far short of the required 20 days’ notice. 2 Zeynep Tekiner’s counsel has represented that she is available to be deposed the week of October 10, 2022. 3 Ms. Gurbuzturk presumably was the intended recipient of the deposition notice issued in the name of “Shadan Golpinar.” 4 Messrs. Beck and Michaels’ respective subpoenas call for the production of documents. In response to subpoenas issued over a year ago to their respective firms, Messrs. Beck and Michaels’ documents were collected and produced by Defendants (after an extensive meet and confer process between counsel). No additional documents will be produced. FILED: NEW YORK COUNTY CLERK 01/31/2023 04:02 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1206 RECEIVED NYSCEF: 01/31/2023 Scott W. Parker, Esq. September 27, 2022 Page 2 In addition to providing your availability to meet and confer to schedule deposition dates, please also confirm (a) that there are no other depositions Plaintiff intends to seek beyond those identified herein, (b) which non-parties, in addition to Marcus & Millichap and Steve Levine, have produced documents in response to any subpoenas issued (and immediately provide them to Defendants), and (c) whether Plaintiff is anticipating the production of documents from any additional subpoenaed parties. This letter is sent in furtherance of Defendants’ efforts pursuant to 22 NYCRR 202.7(c) to meet and confer in good faith, without waiver of or prejudice to any rights or remedies available to Defendants, all of which are expressly reserved. Very truly yours, Meghan E. Hill cc: Counsel of Record (via email)